2016-096 By-law to exempt certain lands in registered plan no. 51M-1035 from part lot control pursuant to section 5- of the PLanning Act, R.S.O. 1990 (Horseshoe Ridge)The Corporation of the Township of Oro-Medonte
By-law No. 2016-096
A By-law to Exempt Certain Lands In
Registered Plan No. 51 M-1035 from Part Lot
Control Pursuant to Section 50 of the
Planning Act, R.S.O. 1990
(Horseshoe Ridge)
Whereas Subsection 50(5) of the Planning Act, R.S,O. 1990, Chapter P.13, as
amended, provides inter alia that where land is within a plan of subdivision registered
before or after the coming into force of that section, no person shall convey a part of any
lot or block of the land by way of a deed or transfer or grant, assign or exercise a power
of appointment in respect of a part of any lot or block of the land, or mortgage or charge
a part of any lot or block of the land, or enter into an agreement of sale and purchase of
a part of any lot or block of the land or enter into any agreement that has the effect of
granting the use of or right in a part of any lot or block of the land directly or by
entitlement to renewal for a period of 21 years or more, unless the circumstances as
described in subsections (a) to (f) inclusive of Subsection 50(5) exist;
And Whereas Subsection 50(7) of the said Planning Act, provides inter alia that despite
Subsection 50(5) of that Act, the Council of a local municipality may by by-law provide
that Subsection 50(5) does not apply to land that is within such Registered Plan or plans
of subdivision or part or parts thereof as is or are designated in the by-law, and
Subsection 50(7.1) of the Planning Act, R.S.O. 1990, provides that a by-law passed
under Subsection 50(7) of the said Act does not take effect until it has been approved
by the appropriate approval authority for the purpose of Sections 51 and 51.1 of the said
Planning Act in respect of the land covered by the by-law;
And Whereas Subsection 50(28) of the said Planning Act, provides that a certified copy
or duplicate of every by-law passed under this Section shall be registered by the Clerk
of the municipality in the proper Land Registry Office;
And Whereas Subsection 4(1) and 5(1) of the said Planning Act, provide that the
Minister, on the request of the Council of any municipality, may by order, delegate to the
Council any of the Minister's authority under the Planning Act and the Council of the
Corporation of the Township of Oro-Medonte was advised that the Minister has
delegated to the Council of the Township of Oro-Medonte inter alia his authority to
consent to a by-law passed under the provisions of Subsection 50(7) of the Planning
Act, R.S.O. 1990. Subsection 5(1) of the Planning Act, R.S.O. 1990, etc, refers to
further delegation;
And Whereas Subsection 50(7.3) of the said Planning Act, provides that a by-law
passed under Subsection 50(7) of the said Planning Act may provide that the by-law
expires at the expiration of the time period specified in the in the by-law and the by-law
expires at that time, and Subsection 50(7.4) of the said Planning Act provides that the
Council of a local municipality may, at any time before the expiration of a by-law under
Subsection 50(7) of the Planning Act, amend the by-law to extend the time period
specified for the expiration of the by-law and an approval under Section 50(7.1) is not
required;
And Whereas the Council of the Corporation of the Township of Oro-Medonte deems
that the land described in Schedule "A" attached hereto and forming part of this by-law
shall be exempted from the provisions of Subsection 50(5) of the said Planning Act;
Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows:
1. The provisions of Subsection 50(5) of the Planning Act, R.S.O. 1990, Chapter P.13,
as amended, do not apply to the lands described in Schedule "A", attached hereto
and forming part of this by-law, and being lands within Registered Plan 51 M-1035,
registered in the Registry Office for the Registry Division of Simcoe (No. 51).
2. The Clerk of the Corporation of the Township of Oro-Medonte shall register this by-
law in the proper Land Registry Office.
3. Unless sooner repealed or unless sooner amended to extend the time period
specified for the expiration of this by-law herein, this by-law shall be in effect for a
three year period beginning on the 28th day of July, 2016, and expiring on 28th day of
July, 2019.
4. This by-law shall take effect on the final passing thereof.
By-law read a First, Second and Third time, and Passed this 28th day of July, 2016.
The Corporation of the Township of Oro-Medonte
4jM or, .S.ug es
Dep ty Clerk, Janette Teeter
Schedule "A"
to By-law No. 2016-096 for
The Corporation of the Township of Oro-Medonte
Those lands in the Township of Oro-Medonte, described as Lot 45, Lot 46, Lot 47 and
Lot 48, Registered Plan 51 M-1035, registered in the Registry Office of Simcoe (No. 51).